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4TH AMENDMENT: SEARCH AND SEIZURE - Coggle Diagram
4TH AMENDMENT: SEARCH AND SEIZURE
The Fourth Amendment
requires search warrant
a search warrant is needed to enter a private residence unless an owner or resident of the building allows for the search
the search can look for what the warrant has allowed. if other illegal activities are suspected or discovered another warrant must be obtained in order to further the investigation
if a home owner or resident allows the police in without a warrant, they can retract the offer at any time and have authority to decide where the search may take place i.e. only specific bedrooms
police may temporarily keep residents from a home while applying for a warrant as long as they are sure the process will be quick
knock-and-announce rule
police must knock on the building they are entering, state they are police and that they have a warrant
police must wait for 15-20 seconds of no response before busting in the door to the building they are searching.
equally applied on both federal and state levels through the Fourteenth Amendment established in Wolf v. Colorado (1949)
Elements of Search and Seizure
intending to seize the object including the person
exercising authority to do so
obtaining a warrant: must be based on probable cause
Executing a warrant: if the warrant has an error in its drafting by a judge or official other than an officer and the officers act upon this error while unaware of it being of error, they are reprimanded for the mistakes made, i.e., going into the wrong residence since the address was incorrect - good faith exception
physically controlling the object
definitions
search: an examination of a person or vehicle for contraband or evidence of a crime
seizure: a taking by law enforcement or other government agent of contraband, evidence of a crime, or even a person into custody
Exclusionary Rule
prohibits evidence obtained in violation of a person's constitutional rights
judge made case law promulgated by the supreme court to deter police or government misconduct
exceptions to the exclusionary rule
the inevitable discovery doctrine
valid independent source
harmless error
good faith
shock of conscious
Expectation vs. Desires
people feel they are entitled to certain privacies
parolees and probationers have forfeited rights to privacy against search and seizures in some scenarios depending on probable cause and conditions